Section 165. Organization, order to and relief from active duty or active service

1. The New York guard may be created,  organized,  established
  and  maintained  in the discretion of the governor at any time when such
  action is not prohibited under the laws of  the  United  States.  Except
  when  on  active duty or active service or when converted into an active
  force, as provided in this chapter, the units,  commands,  headquarters,
  staffs,  cadres and members of the New York guard shall be organized and
  maintained in an inactive status.
    2. The units, commands, headquarters, staffs, cadres or members of the
  New York guard may be ordered to active duty by the  governor  for  such
  period  and purposes, to such extent and under such conditions as he may
  deem necessary. They may be ordered into the active service of the state
  pursuant to the provisions of section six of this  chapter.    When  any
  such  member  is ordered to active duty or active service, he shall rank
  in his grade  from  the  date  of  such  order.  Such  units,  commands,
  headquarters, staffs, cadres or members may be relieved from active duty
  or active service or inactivated in the discretion of the governor.
    3.  The  New  York guard may be converted into an active force, and it
  may be reconverted into  a  reserve  force  in  the  discretion  of  the
  governor.
    4.  The  units,  commands, headquarters, staffs, cadres and members of
  the New York guard shall be  organized,  armed,  equipped,  disciplined,
  governed, administered and trained as prescribed by this chapter and the
  regulations  issued hereunder and in conformance with applicable laws of
  the United States.
    5. In his discretion,  the  New  York  guard  or  any  unit,  command,
  headquarters, staff or cadre thereof may be disbanded by the governor.
    (6)  There  shall  be  no restriction to the appointment of females as
  officers or warrant officers or the enlisting of females in the New York
  Guard provided such female personnel are qualified under the  provisions
  of this chapter.